Patna High CourtCR. MISC./76950/2023allowed

Kunal Kumar v. The State Of Bihar

2023-12-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76950 of 2023 Arising Out of PS. Case No.-153 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== KUNAL KUMAR Son of Arun Choudhary Resident of village - Bharatkhand, Police Station - Parbatta (Bharatkhand O.P.), District - Khagaria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parmatma Singh For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 307, 326 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner along with others is of firing upon the son of the informant along with other persons due to which they sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There is general and omnibus allegation against the petitioner rather the specific allegation against co-accused Hitler Kumar. There is no specific overt act against the petitioner of firing. He further

Patna High Court CR. MISC. No.76950 of 2023(2) dt.04-12-2023 2/2 submitted that the petitioner is only a member of mob. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 06.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Khagaria in connection with Pasraha P.S. Case No. 153 of 2023. (Sunil Kumar Panwar, J) Arish/- U T